Texas 2009 - 81st Regular

Texas Senate Bill SB1978 Compare Versions

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11 2009S0658-1 03/10/09
22 By: Carona S.B. No. 1978
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to requirements regarding employer liability for certain
88 group health benefit plan premiums.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Section 843.210, Insurance Code, is amended to
1111 read as follows:
1212 Sec. 843.210. TERMS OF ENROLLEE ELIGIBILITY. (a) A
1313 contract between a health maintenance organization and a group
1414 contract holder must provide that:
1515 (1) in addition to any other premiums for which the
1616 group contract holder is liable, the group contract holder is
1717 liable for an enrollee's premiums from the time the enrollee is no
1818 longer part of the group eligible for coverage under the contract
1919 until the end of the month in which the contract holder notifies the
2020 health maintenance organization that the enrollee is no longer part
2121 of the group eligible for coverage by the contract; and
2222 (2) the enrollee remains covered by the contract until
2323 the end of that period.
2424 (b) A health maintenance organization shall refund premiums
2525 paid by a group contract holder on behalf of an enrollee, from the
2626 end of the month during which the enrollee is no longer part of the
2727 group eligible for coverage, provided that the enrollee did not
2828 incur any claims under the contract after no longer being part of
2929 the group eligible for coverage.
3030 (c) The commissioner shall adopt rules as necessary to
3131 implement this section.
3232 SECTION 2. Section 1301.0061, Insurance Code, is amended to
3333 read as follows:
3434 Sec. 1301.0061. TERMS OF ENROLLEE ELIGIBILITY. (a) A
3535 contract between an insurer and a group policyholder under a
3636 preferred provider benefit plan must provide that:
3737 (1) in addition to any other premiums for which the
3838 group policyholder is liable, the group policyholder is liable for
3939 an individual insured's premiums from the time the individual is no
4040 longer part of the group eligible for coverage under the policy
4141 until the end of the month in which the policyholder notifies the
4242 insurer that the individual is no longer part of the group eligible
4343 for coverage under the policy; and
4444 (2) the individual remains covered under the policy
4545 until the end of that period.
4646 (b) An insurer shall refund premiums paid by a group
4747 policyholder on behalf of an individual, from the end of the month
4848 during which the individual is no longer part of the group eligible
4949 for coverage, provided that the individual did not incur any claims
5050 under the policy after no longer being part of the group eligible
5151 for coverage.
5252 (c) The commissioner shall adopt rules as necessary to
5353 implement this section.
5454 SECTION 3. The change in law made by this Act applies only
5555 to a contract between an insurer or health maintenance organization
5656 and a group policy or contract holder that is entered into or
5757 renewed on or after January 1, 2010. A contract entered into or
5858 renewed before January 1, 2010, is governed by the law in effect
5959 immediately before the effective date of this Act, and that law is
6060 continued in effect for that purpose.
6161 SECTION 4. This Act takes effect September 1, 2009.